Resolving disputes pre-trial

Question 1

41. voluntary dismissal

Answer 1

• P may dismiss an action without a court order by filing:
• 1. A notice of dismissal before the opposing party serves either an answer or a motion for summary judgment; or
• 2. A stipulation of dismissal signed by all parties who have appeared.
• The dismissal is without prejudice. But if the P previously dismissed any federal or state court action based on or including the same claim, a notice of dismissal operates as an adjudication on the merits

Question 2

41B. Involuntary dismissal; Effect (failure to prosecute)

Answer 2

• If P fails to prosecutes or comply with rules or a court order a D may move to dismiss the action or any claim against it
• It operates as an adjudication on the merits
• D and Judge may raise

Question 3

55. Default judgment

Answer 3

• The court may set aside an entry of default for good cause, and it may set aside a default judgment under Rule 60(B)

Question 4

56. summary judgment

Answer 4

• A party may move for summary judgment IDing each claim or defense on which summary judgment is sought
• The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law
• Judge decides a MFSJ on the basis of pleadings, results of discovery, affidavits. Does not weigh the evidence